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HomeMy WebLinkAboutMinutes - City Council - Regular - 4/8/1993CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING APRIL 8, 1993 10:00 A.M. The City Council of the City of Lubbock, Texas met in regular session on the 8th day of April, 1993 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 a.m. Present: Mayor David Langston, Mayor Pro Tem Maggie Trejo, Councilmember T. J. Patterson, Councilmember M. J. Aderton, Councilmember Randy Neugebauer, Councilmember Max Ince, Councilmember Alex Cooke, Acting City Manager Bob Cass, City Attorney John C. Ross, Jr., and City Secretary Betty M. Johnson. Mayor Langston called the meeting to order at 10:15 A.M. ( 1.) The Invocation was given by Councilmember Randy Neugebauer. ( 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. Board Appointments Jean Harris, Boards and Commissions Advisory Board Bob Schmidt, Parks and Recreation Board Renee Underwood, Parks and Recreation Board Greg Phea, Neighborhood Redevelopment Commission/Urban Renewal Board Jimmy Mojica, Neighborhood Redevelopment Commission/Urban Renewal Board Ken Flagg, Zoning Board of Adjustment Robert Sanders, Zoning Board of Adjustment 93-52A-303-228 ( 3.) Gary Bellair, Chairman of the Lubbock Public Transit Advisory Board, will appear to recommended a contract between the City of Lubbock and Paramount Group, Inc./South Plains Mall Associates, Ltd., for construction of a bus transfer center at the South Plains Mall. RESOLUTION #4116 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute an Agreement with Paramount Group, Inc., as agent for South Plains Mall Associates, Ltd., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. April 8, 1993 Page 304 Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Ls/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement is filed with Resolution No. 4116. SOUTH PLAINS MALL BUS TRANSFER CENTER EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT Paramount Group, Inc., a Delaware Corporation, as agent for South Plains Mall Associates, Ltd., herein called "Grantor," for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00), to Grantor in hand paid by the CITY OF LUBBOCK, a Home Rule Municipal Corporation of Lubbock County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing to and to accrue to the remainder of Grantor's property, has by these presents GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto the CITY OF LUBBOCK, its legal representatives, successors and assigns, for the use of the public as a bus transfer center easement, the free and uninterrupted use, liberty of passage in, on, along, across, over, upon and under all that property lying and being situated in the County of Lubbock, State of Texas, and being more particularly described as follows, to -wit: A 0.09-acre tract located in Tract "A," South Plains Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a 1/2" iron rod with cap set in the north line of Tract "A," South Plains Addition for the northwest corner of this tract which bears N. 86°37'41" E. a distance of 97.16 feet from the original northwest corner of said Tract "A," South Plains Addition; THENCE northeasterly, along the north line of Tract "A," South Plains Addition, around a curve to the left, said curve having a radius of 825.91 feet, a central angle of 02°15'21", tangent lengths of 16.26 feet and a chord distance of 32.52 feet to a 1/2" iron rod with cap found at a point of tangency; THENCE N. 80°59'33" E., along the north line of Tract "A," South Plains Addition, a distance of 173.58 feet to a 1/2" iron rod with cap set for the northeast corner of this tract; April 8, 1993 Page 305 THENCE southwesterly around a curve to the right, said curve having a radius of 32.00 feet, a central angle of 00°22'22", tangent lengths of 0.10 feet and a chord distance of 0.21 feet to a 1/2" iron rod with cap set for a corner of this tract; THENCE S. 09000'27" E. a distance of 19.00 feet to a concrete nail with cap set for the southeast corner of this tract; THENCE S. 80059'33" W. a distance of 200.50 feet to a concrete nail with cap set for the southwest corner of this tract; THENCE, N. 09000'27" W. a distance of 17.20 feet to a cross cut in a concrete gutter for a corner of this tract; THENCE northwesterly around a curve to the right, said curve having a radius of 35.00 feet, a central angle of 09048'01", tangent lengths of 3.00 feet and a chord distance of 5.98 feet to the Point of Beginning. for the purpose of constructing, reconstructing, repairing, operating, and maintaining a bus transfer center consisting of a bus stop, passenger shelters, light poles, and accompanying landscaping and utilities, and which easement includes the right, at all times and seasons, of ingress, egress and regress of motor vehicles and personnel engaged in either such construction, reconstruction, operation, maintenance, or repair, and of public use such bus transfer center. TO HAVE AND TO HOLD the above -described premises together with all and singular the rights and appurtenances thereto in anywise belonging unto the CITY OF LUBBOCK, its successors and assigns for a term commencing on April 1, 1993 and terminating on March 31, 2013. i This easement is subject to all terms and conditions of a certain Agreement between Grantor and the CITY OF LUBBOCK dated April 1, 1993 to which this easement is attached as Exhibit "A". WITNESS MY HAND this 1st day of April, 1993. PARAMOUNT GROUP, INC. as agent for SOUTH PLAINS MALL ASSOCIATES, LTD. BY:/s/ Bernard A. Marasco Bernard A. Marasco Director of Leasing THE STATE OF NEW YORK § COUNTY OF NEW YORK § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Bernard A. Marasco, known to me to be the person whose name is subscribed to the foregoing'instruction, and acknowledged to me that he executed the same for the purposes and consideration therein expressed as the act and deed of Paramount Group, Inc., as agent for South Plains Mall Associates, Ltd. and in his capacity as the Director of Leasing for said agent. 1993. GIVEN UNDER MY HAND and seal of office this 25th day of March, /s/ Idell S. Conaway Notary Public New York County, New York Commission Expires 11/30/93 April 8, 1993 Page 306 Gary Bellair, Chairman of the Lubbock Public Transit Advisory Board, recommended a contract for construction of a bus transfer center at the South Plains Mall. According to staff memo, last summer there was an issue surrounding the South Plains Mall (SPM) bus stop because SPM wanted to improve the Mall entrance by removing the bus stop location in the parking lot. After negotiations between the SPM and City staff, it was agreed that the bus stop location would be moved to the north side of the Mall on 57th Street. The SPM then granted space for a bus pullout with three shelters, trees, and a pedestrian walkway from the pullout to the north entrance of the Mall. Staff was instructed to come up with a way to fund the project without any additional cost to the City. Additional funding was found when the City Council (on February 25) approved an amendment to the State's operating assistance grant which increased the operating assistance available to the City. This additional assistance will allow the City to transfer funds from the operations account to this project. The project amount is $54,000 -- with 80% ($43,200) being funded by the Federal Transit Administration and 20% ($10,800) funded by the City of Lubbock. The SPM granted a 20-year easement for the construction of the bus pullout along with three passenger shelters, lighting, and trees. A license for the construction of the pedestrian walkway through the parking lot to the north entrance of the Mall was also granted. The SPM has agreed to maintain the walkway and take full liability for the - walkway through their parking lot while the City will accept the liability for the easement portion (i.e., the bus pullout area). The SPM will provide maintenance of the trees and all of the utilities (i.e., electric and water). Staff recommended that the City Council approve the agreement between the City of Lubbock and Paramount Group, Inc./South Plains Mall Associates, Ltd. The Lubbock Public Transit Advisory Board (TAB) has reviewed and approved the agreement as well as the plans for the SPM bus transfer center. Cecil Puryear requested to address the Council on this matter. Mr. Puryear said it appeared to him that the handicapped and elderly had not been taken into consideration. Mr. Bellair explained that the facilities will be handicap accessible and in compliance with the Americans with Disabilities Act. He explained further that the South Plains Mall is not revoking any permission to drop handicapped patrons who use the demand response service at the mall proper. Citibus will also be able to bring charter buses directly to the mall entrance. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4116 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 307 93-52A-307-229 ( 4.) 93-52A-307-230 ( 5A.) Jason Giordano, representing the Tau Kappa Epsilon Jason Giordano requested a loudspeaker permit on behalf of the Tau Kappa Epsilon Fraternity for a crawfish festival to benefit the Special Olympics. The event is scheduled for Saturday, April 17, 1993, from 1:00 p.m. until 7:00 p.m., and will take place at the Tau Kappa Epsilon fraternity house located at 2613 19th Street. According to staff memo, this event has been held in the past with few or no complaints from residents of the neighborhood. All residents in the area were petitioned by Tau Kappa Epsilon Fraternity for this year's event and gave their approval, with one exception. 011ie Seymore, resident of 2625 20th Street, indicated opposition to this event due to past cases of public rowdiness. Mr. Seymore has been informed of the process of opposing this permit. Staff recommended approval. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to approve the request of Tau Kappa Epsilon for a loudspeaker permit for April 17, 1993. Motion carried: 7 Yeas; 0 Nays. A representative of the Lubbock International Cultural Center will appear to request an extension to the existing lease agreement between the City of Lubbock and the Lubbock International Cultural Center. Mr. Jay Harris appeared to request an extension to the lease agreement with the Lubbock International Cultural Center. April 8, 1993 Page 308 93-52A-308-231 ( 5B.) Consider Resolution authorizing the Mayor to execute a third amendment to the lease executed on May 11, 1989 between the City of Lubbock and the Lubbock International Cultural Center, providing for a six month extension of the lease agreement. RESOLUTION #4117 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Third Amendment to that certain Lease Agreement existing between the City of Lubbock and the Lubbock International Cultural Center, Inc., which Third Amendment extends for a period of six (6) months the time allocated for commencement and completion of the structure contemplated by the original Lease Agreement, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Acting City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney THIRD AMENDMENT TO LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, a Lease Agreement was made and entered into upon the llth day of May 1989, by and between the Lubbock International Cultural Center, Inc., hereinafter called "Lessor" and the City of Lubbock, hereinafter called "Lessee"; and WHEREAS, Lessor and Lessee did amend the above Lease Agreement on the 26th day of September, 1991, allowing Lessor, subject to conditions set forth in said Amendment, to locate the facility to be constructed by Lessor on the campus of Texas Tech University; and WHEREAS, negotiations are currently underway between Lessor and Texas Tech University for the location of said facility upon the Texas Tech University campus; and WHEREAS, the Lessor has requested that the time to commence construction of the facilities described in Exhibit "A" to the original lease be extended an additional six months; and April 8, 1993 Page 309 WHEREAS, the City Council finds that such request is reasonable; NOW THEREFORE: WITNESSETH: 1. That paragraph XIII of the original Lease Agreement between the parties is hereby amended to read as follows: XIII. Both parties to this lease understand that Lessee intends to make public use of the facilities to be built upon the Demised Premises, allas heretofore set forth in this lease, and that Lessee is agreeing to make payment as required by paragraph IV of this lease from its Hotel - Motel Tax Reserve Capitol Projects account. Both parties further agree that the use and occupancy of the facilities to be built on the Demised Premises as set forth in this lease by Lessee will directly enhance and promote tourism and the convention and hotel industry within the City of Lubbock. Both parties further agree that if the facilities to be constructed upon the Demised Premises are not built or not completed, then in such event the public use to be made of the facilities to be constructed fails and this lease would not be effective to discharge the public use contemplated by the parties hereto. Under such circumstances the parties hereto specifically agree as follows: (1) In the event the facilities described in Exhibit "A" attached hereto are not under construction by November 11, 1993, then in such event this lease shall become void and of no further force or effect between the parties hereto and Lessee shall have no obligation to pay the consideration described in paragraph 4 of this lease. (2) In the event that construction is started upon the facilities to be built upon the Demised Premises but such construction is not completed by November 11, 1995, then in such event Lessee shall be relieved of making any further payments to Lessor as contemplated by paragraph 4 of this lease and Lessor shall return to Lessee all monies paid to Lessor by Lessee under paragraph 4 of this lease. April 8, 1993 Page 310 2. Except as amended hereby and the first Amendment executed on the 26th day of September, 1991, and the Second Amendment executed on the 9th day of April, 1992, the Lease executed on May 11, 1989, is and shall be in full force and effect between the parties hereto. LUBBOCK INTERNATIONAL CULTURAL CENTER, INC. BY: President ATTEST: Secretary CITY OF LUBBOCK, TEXAS /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass Acting City Manager APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney On May 11, 1989, the City Council entered into a lease agreement with the Lubbock International Cultural Center to provide $500,000 in hotel/motel tax monies to be used for the lease of certain space to be provided by the Lubbock International Cultural Center upon completion of their new facility on the old Thompson Junior High School site. On September 16, 1992, the Lubbock International Cultural Center Board requested authority from the City of Lubbock to amend the original lease so that this facility could be located on the campus of Texas Tech University. The City Council approved the amendment, and the Cultural Center has been in negotiations with the University since that time. On April 9, 1992, the Board of Directors of the Lubbock International Cultural Center asked for a one year extension of time to the existing lease agreement because negotiations were taking more time than they had contemplated with Texas Tech University. The Lubbock International Cultural Center Board requested an additional six months extension to the original lease agreement between the City of Lubbock and Lubbock International Cultural Center to commence and complete construction of the facility contemplated by the original lease agreement. The Lubbock International Cultural Center has indicated that negotiations with Texas Tech University for a lease of property from the University to the Lubbock International Cultural Center are near completion and have requested an additional six months extension to the term of the original lease agreement. April 8, 1993 Page 311 Staff recommended approval. Motion was made by Councilmember Neugebauer, seconded by Councilmember Patterson to authorize Resolution #4117 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-311-232 ( 6.) Max Winn will appear to discuss the City Sexually Oriented Business Ordinance and the City Recreational Vehicle Ordinance. Max Winn discussed the City sexually oriented business ordinance and the City recreational vehicle ordinance. Mr. Winn stated that the constitution is in place to protect the rights of the minority from the tyranny of the majority, and these ordinances violate the constitution. He said that even though he doesn't own a recreational vehicle or patronize sexually oriented businesses, if the courts hold that these are unconstitutional, the legal staff should advise Council accordingly. Councilmember Neugebauer stated that the staff is the recommending body but the Council is the approving body for these ordinances. ( 7.) Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to approve the minutes of the March 25, 1993 Regular City Council Meeting as written. Motion carried: 7 Yeas; 0 Nays. 93-52A-311-233 ( 8.) ORDINANCE #9600--Zone Case #2305-G (east of Utica Avenue between 1st Street and Amherst Street) -- ORDINANCE #9600 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2305-G; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 22, BLOCK A, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance #9600 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 312 93-52A-312-234 ( 9.) ORDINANCE #9601--Zone Case #2269-M (west of Quaker at 96th and 97th Streets) --Request of David Goyette ORDINANCE #9601 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2269-M; A ZONING CHANGE FROM R-1 TO R-1 SPECIFIC USE ZONING FOR GARDEN HOMES ON A TRACT OUT OF SECTION 14, BLOCK E-2, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 93-52A-312-235 (10.) Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance #9601 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Addition. ORDINANCE #9602 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2699; A ZONING CHANGE FROM R-1 TO AM ZONING ON THE WEST 176 FEET OF LOT 5, BLOCK 1, ROCK HAVEN ADDITION, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance #9602 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-312-236 (11.) ORDINANCE #9603--Zone Case No. 2700 (2121 N. Interstate 27)--Request of Hector Flores for a zoning change from C-3 to IHC on Lot 5, Block 4, Norman Addition. ORDINANCE #9603 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2700; A ZONING CHANGE FROM C-3 TO IHC ZONING ON LOT 5, BLOCK 4, NORMAN ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance #9603 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 313 93-52A-313-237 (12.) gameroom) Tract B. Piedmont Addition. ORDINANCE #9604 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2418-A; A ZONING CHANGE FROM C-2A TO C-2A SPECIFIC USE ZONING FOR A GAMEROOM ON TRACT B, PIEDMONT ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to pass on second and final reading Ordinance #9604 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-313-238 (13.) BID #12237--Refuse Containers (Solid Waste). Caprock Welding & Supply--300 ea. 3 CY side loading refuse container; 50 ea. 6 CY front loading refuse container; 50 ea. 8 CY front loading refuse container. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-313-239 (14.) BID #12352--Turf Equipment (Various Departments). E-Z Mo Commercial Lawn Mowers, Mesquite--2 ea. hedge trimmer, gas powered Spec 1015; 52 ea. string trimmer gas, Spec 1016; 1 ea. commercial gas chain saw Spec 1029. Howards Lawn Equipment--1 ea. trim mower, outfront gas powered Spec 1042. Watson Distributing Co., Houston--6 ea. rotary mower, outfront, diesel powered Spec 1006. Goldthwaites--11 ea. push mower 21" commercial Spec 1008; 6 ea. blower backpack Spec 1027; 1 ea. landscape vacuum Spec 1058. Outdoor Power Products--4 ea. turf edger commercial, Spec 1017; 1 ea. tiller rear tine 8 HP Spec 1024; 1 ea. reel mower 25" walk behind Spec 1056; 1 ea. sickle bar mower self propelled Spec 1057. Western Implement--1 ea. rotovator tractor mounted Spec 1021; 1 ea. rototiller front tine Spec 1059. Joe Thompson Implement Co., Abernathy--2 ea. utility vehicle, two wheel drive Spec 1061. Jacobsen Turf & Commercial, Carrollton--1 ea. turf maintenance vehicle Spec 1026. Weff Industries, Irving--3 ea. rotary mower 1.5' Spec 1038. April 8, 1993 Page 314 Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-314-240 (15.) BID #12475--Ammunition Annual Pricing (Police Department). Precision Delta Corp., Ruleville, MS--2 M 12 GA rifled slung HP; 4 M 12 GA 00 Buckshot; 2 M .223 Remington 53 GRHP. Florida Bullet Inc., Clearwater, FL--49 M 9MM FMJ 115 GR. Accurate Ammunition, Rapid City, SD--22 M .38 Special +P 125 GR SJHP; 48 M .38 Special Reload; 10 M 9 MM JHP 115 GR. C & G Police Supply, Garland--2 M Federal .308 Winchester 168 GR Match. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-314-241 (16.) BID #12485--Window Cleaning Lubbock International Airport and Municipal Buildings (Building Services). New Day Window Cleaning Service Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-314-242 (17.) BID #12486--Miller Park Lighting (Parks and Recreation). Larcon Enterprises Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-314-243 (18.) BID #12496--Two Way Radio Control Console (Communications). Modular Communications, Hollywood, CA Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 315 93-52A-315-244 (19.) BID #12500--Agricultural Chemicals Annual Pricing (Land Application Site). Helena Chemical Co.--8 oz. Ally per ounce; 160 gl. Benvel per gallon; 60 gl DEF per gallon; 65 gl. Dual per gallon; 100 lbs. Karmex, per pound; 45 gl. Pix per gallon; 1125 lbs. Temik per pound. Kitten Fertilizer, Slaton--100 gl. Bladex per gallon; 150 gl. cyclone per gallon; 100 gl. Lannate- L per gallon. Acuff Farm Supply--60 gl. Treflan per gallon. Tri-State Chemicals, Brownfield--160 gl. Comite per gallon; 50 gl. Prep per gallon; 67 gl. Sencor per gallon; 300 lbs. Velpar per pound. Estes Inc.--60 gl. Arenal per gallon; 150 gl. Asana XL per gallon; 900 lbs. Balan per pound. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-245 (20.) BID #12503--Fence Construction at 50th and Joliet Overhead Reservoir (Water Utilities). G & 0 Fence Contractors, Inc., Odessa Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-246 (21.) BID #12504--Center Pivot Irrigation System (Land Application Site). American Valley Irrigation, Muleshoe Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-315-247 (22.) BID #12511--Urbana Place Paving Improvements (Community Development). Williams & Peters Construction Co. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 316 93-52A-316-248 (23.) BID #12515--Arnett Benson Sidewalks (Community Development). Rhode Construction Co. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-316-249 (24.) BID #12524--Rental of 300 HP Dozer (Land Application Site). West Texas Equipment Co. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-316-250 (25.) Consider Resolution #4118 authorizing the Mayor to sign Change Order No. 1 to the 1993 Street Maintenance Contract. RESOLUTION #4118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 to be entered into by and between the City of Lubbock and Williams & Peters Construction Co., Inc., concerning the Contract related to the 1993 Street Maintenance Program, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney April 8, 1993 Page 317 CHANGE ORDER NO. 1 TO 1993 STREET MAINTENANCE PROGRAM WHEREAS, the City Council has approved the 1993 Street Maintenance Contract as listed in the specifications on January 14, 1993. WHEREAS, the Contractor, Williams & Peters Construction Co., Inc., agrees to the following changes: (1) That the following items shall be added to the 1993 Street Maintenance Program: 82nd St. from Frankford Ave. to City Limit 150' west of Milwaukee Ave. shall be added. (2) That Bid Item No. 1 (Asphalt for Course No. 1) shall be increased by 5,324 gallons. (3) That Bid Item No. 2 (Asphalt for Course No. 2) shall be increased by 6,754 gallons. (4) That Bid Item No. 4 (Rock for 2nd Course) shall be increased by 190 cubic yards. (5) That Bid Item No. 5 (Rock for 1st Course) shall be increased by 270 cubic yards. (6) That Bid Item No. 7 (6" Black Base Patching) shall be increased by 3,886 square yards. Original Amount of Contract $1,595,331.10 Amount Increased by Change Order #1 $ 120,136.80 New Contract Total $1,715,467.90 This Change Order represents a 7.5% increase in the Contract. THIS AGREEMENT WITNESSETH: In consideration of the above listed changes to the 1993 Street Maintenance Contract, the Owner and the Contractor agree to the herein changes. The aforementioned changes and work affected hereby, are subject to all Contract stipulations and covenants. April 8, 1993 Page 318 IN WITNESS THEREOF, the Owner and the Contractor have hereto set their hands this 8th day of April, 1993. APPROVED: City of Lubbock BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney APPROVED: Williams & Peters Construction Co., Inc. BY:/s/ Dean Williams DEAN WILLIAMS, PRESIDENT According to staff memo, 82nd Street, west of Frankford Avenue, is an old county road that was constructed for a lighter traffic load than it is currently carrying. Much of the increased traffic volume is because Frenship Independent School District (FISD) has recently built an elementary school at 81st Street and Homestead Avenue, and an intermediate school just south of 82nd Street and west of Brownfield Road. As a result, the edges on both sides of the 24-foot-wide street are failing. This Change Order would authorize the construction of a 3-foot-wide by 7 1/2"-thick section of asphalt stabilized base on each side of the street from Frankford Avenue to the west city limit which would match the recently widened county road going from the west city limit to the Brownfield Highway. A 2-course seal coat will then be applied to the full width of the street. The funding for this 7.5% increase to the Street Maintenance Contract will come from remaining funds in the 1990-91 and 1991-92 Street Maintenance Program accounts as follow: Original Amount of Contract $1,595,331.10 Amount Increased by Change Order No. 1 120,136.80 New Contract Total $1,715,467.90 Staff recommended the approval of Change Order No. authorizing the widening and seal coating of 82nd Street west of Frankford Avenue because of the increased traffic load on 82nd Street, west of Frankford Avenue, the new FISD elementary school at 81st Street and Homestead Avenue, the new FISD intermediate school at 82nd Street and Brownfield Highway, and to match the recent widening to the county road from the west city limit to the Brownfield Highway. April 8, 1993 Page 319 Motion was made by Councilmember Aderton, seconded by Mayor Pro Tem Trejo to authorize Resolution #4118 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 93-52A-319-251 (26.) Consider Resolution #4119 authorizing the Mayor to Avenue) for future water treatment plant. RESOLUTION #4119 WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal purposes and public purposes, to -wit: for the construction of a water treatment plant, reservoir and pumping facility; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described tract of land located in Lubbock County, Texas, be acquired for municipal purposes and public purposes as set forth in the preamble hereof, to -wit: The Southwest Quarter (SW/4) of Section Twenty (20), Block A-K, Lubbock County, Texas. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized to execute a Contract of Sale, attached to this Resolution and incorporated herein by this reference, for the purchase of the above L described real property and the improvements thereon for the sum of $320,000.00 and other consideration. SECTION 3. THAT if the above Contract of Sale is not executed by April 12, 1993, by all of the Owners of the above described property, such Owners being ROBERT C. BAXTER and his wife, LaVONNE BAXTER, the City Attorney of the City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said property for the municipal purposes and public purposes as aforesaid. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney April 8, 1993 Page 320 THE STATE OF TEXAS § CONTRACT OF SALE COUNTY OF LUBBOCK § This Contract of Sale is made by and between ROBERT C. BAXTER and his wife, LaVONNE BAXTER, (referred to herein as "SELLERS") and the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation of Lubbock County, Texas, (referred to herein sometimes as "BUYER" and sometimes as "CITY"). RECITALS: 1. SELLERS own approximately 160 acres of land, more or less, located in Lubbock County, Texas, and all improvements located upon the land. 2. SELLERS desire to sell and CITY desires to buy the above described property, herein referred to as "the BAXTER FARM," free and clear of all liens, claims and encumbrances other than those described in Article I.A. below, and upon the terms and conditions hereinafter set forth. AGREEMENT• PROPERTY For the consideration hereinafter set forth and upon all terms, conditions and provisions herein contained, SELLERS agree to sell and convey to BUYER, and BUYER agrees to purchase from SELLERS the following described property located in Lubbock County, Texas: A. Real Property: Approximately 160 acres of land, more or less, and more particularly described as follows: The Southwest Quarter (SW/4) of Section Twenty (20), Block A-K, Lubbock County, Texas. This conveyance shall be subject to all written oil, gas and other mineral leases, restrictions, covenants, reservations and mineral severances and rights -of -way of record in Lubbock County, Texas, or visible upon the ground, but only to the extent they are still in force and effect at the time of such conveyance. SELLERS reserve all other oil, gas and minerals unto themselves. This Agreement to sell and convey property specifically includes the real property above described together with all the rights and appurtenances pertaining thereto and all improvements thereon. B. Improvements: This Agreement to sell and convey the real property above described shall specifically include irrigation wells, underground tile and any other improvements situated on such real property. II. CONSIDERATION BUYER shall pay to SELLERS for the above -described property and improvements the following sums: A. Purchase Price: THREE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($320,000.00) cash to be paid by BUYER to SELLERS jointly at closing. B. Payment for Current Crop Expense: In addition to the purchase price, BUYER shall pay to SELLERS the sum of SIX HUNDRED ELEVEN AND 44/100 DOLLARS ($611.44) for 1993 crop fertilizer expense. April 8, 1993 Page 321 III. EVIDENCE OF TITLE The title commitment and policy will be issued from the title company selected by BUYER. IV. TAXES It is understood that the ad valorem taxes for 1992 and all previous years have been paid and that prorated taxes for 1993 to the date of closing will be paid by SELLERS. V. CONDITIONS PRECEDENT The obligations of the BUYER and SELLERS to consummate this transaction are subject to the fulfillment, at or prior to closing, of each of the following conditions: A. A title policy is issued in favor of BUYER as hereinabove set forth. B. BUYER is able to secure from SELLERS such legal documents as may be required to consummate this transaction, including the acquisition of good and indefeasible title to the property which is the subject of this Contract of Sale, free and clear of all liens, claims and encumbrances, except as herein provided, or which may appear at the time of closing, including a general warranty deed from the SELLERS. Immediately upon execution of this Contract, SELLERS and BUYER each agree to diligently pursue in good faith all actions that may be necessary to fulfill the above conditions as soon as reasonably possible. Both BUYER and SELLERS agree that the closing date for completing the sale of the herein described real property shall be on or before April 30, 1993. VI. CONTRACT BINDING This Contract and all covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and upon their respective heirs, administrators, executors, successors and assigns. VII. PLACE OF PERFORMANCE The parties agree that all payments, remedies and conditions performable under the terms of this Contract shall be payable and performable in Lubbock County, Texas. VIII. PROPERTY ACCEPTED AS IS BUYER represents that it has inspected the real property to be conveyed and agrees to accept such property and all improvements thereon conveyed AS IS, WHERE IS and WITH ALL OF THEIR FAULTS; and said property and improvements are being sold without any warranty as to quality or fitness, save and except those representations made in a general warranty deed and bill of sale in the standard form provided by the State of Texas. SELLERS do not warrant as to the total footage of underground pipe; the condition of any improvements; or the total acreage or boundaries of the real property. April 8, 1993 Page 322 IX. NOTICE Any notice given or made for any purpose pursuant to this Contract shall be valid only if in writing and sent by certified mail, return receipt requested, postage prepaid, addressed as follows: If to SELLERS: If to BUYER: ROBERT and LaVONNE BAXTER 5506 20th Street Lubbock, Texas 79407 Mr. Ed Bucy Right -of -Way Agent CITY OF LUBBOCK P. 0. Box 2000 Lubbock, Texas 79457 Either party may, at any time, and from time to time, in the manner set forth herein for the giving of notice, change the address of such party as designated in this paragraph. X. CROPS It is understood and agreed that all of SELLERS' interest in the crops for the year 1993 and the proceeds of sale from all such crops belong to and shall become the property of BUYER upon closing and that BUYER shall assume at closing all of the SELLERS' obligations as Lessor under the current crop lease. XI. REALTOR BUYER and SELLERS represent to each other that neither party has retained a licensed realtor or broker with respect to this Contract of Sale and no realtor or broker fees are due to any party. XII. CLOSING Time is of the essence in this Contract. It is understood that after this Contract is executed actions are required by both SELLERS and BUYER in order to satisfy the conditions precedent, and that closing will occur on or before April 30, 1993. Closing shall take place at the downtown office of Service Title Company of Lubbock, Texas, or such other place as the parties may mutually agree. At the time of closing, all documents are to be executed and delivered, and all monies are to be paid. The title policy fee and all normal closing costs will be paid for by the BUYER. XIII. GENERAL CONDITIONS A. Possession: BUYER shall acquire the right to possess, own and operate the BAXTER FARM as of the date of closing. BUYER understands that KELLEY THOMAS d/b/a TKT FARMS, is the tenant farmer for 1993. B. Entire Agreement: This Contract embodies the entire agreement and understanding of the parties and supersedes any and all prior letters of intent, agreements, arrangements and understandings relative to the subject matter hereof. C. Counterparts: This Contract may be executed in one or more counterparts, each of which shall be effective as an original. April 8, 1993 Page 323 IN WITNESS WHEREOF, the parties hereto have executed this Contract of Sale, effective this 8th day of April, 1993. SELLERS: /s/ Robert C. Baxter /s/ LaVonne Baxter ROBERT C. BAXTER LaVONNE BAXTER BUYER: CITY OF LUBBOCK: BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucv Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared DAVID R. LANGSTON, Mayor of the City of Lubbock, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of the City of Lubbock. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12th day of April, 1993. /s/ Beatriz M. Rodriguez Notary Public in and for the State of Texas Commission Expires: 04/03/95 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROBERT C. BAXTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. April 8, 1993 Page 324 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5th day of April, 1993. /s/ Edward Wilson Bucv Notary Public in and for the State of Texas Commission Expires: 11/21/95 THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared LaVONNE BAXTER, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. 1993. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5th day of April, /s/ Edward Wilson Bucy Notary Public in and for the State of Texas Commission Expires: 11/21/95 In the fall of 1992, the Right -Of -Way Department met with the City Council in executive session to discuss acquisition of 160-320 acres of land for a Southwest Lubbock water reservoir site. This reservoir will hold water from Lake Alan Henry and the Bailey County well field. Several sites were located, but there were not many willing sellers. The first tract of land was located at the northeast corner of 114th Street and Milwaukee Avenue and encompassed about 480 acres. A recent appraisal of, this property indicated a value of $3,000 per acre. The owners requested more than $3,000 per acre if the City desired less acreage. This first site also sloped toward a playa lake and was therefore not level. The second site, and the one staff would recommend the City to purchase, is located at the northeast corner of FM 1585 and Milwaukee Avenue, one mile south of the first site. This site has virtually no slope, is less expensive, and has motivated sellers. Robert C. Baxter and wife, Lavonne Baxter, are the owners of this 160 acre tract of land. The Lubbock Central Appraisal District valued this land at $2,000 per acre, and the owners have agreed to sell at this price for a total of $320,000. The legal description of this is the Southwest Quarter (1/4) of Section 20, Block A-K, Lubbock County, Texas. Originally, $1.2 million was budgeted for this land purchase. Staff recommended the acquisition of this tract of land for a water reservoir site due to its location and price. April 8, 1993 Page 325 93-52A-325-252 (27.) Motion was made by Councilmember seconded by Councilmember Cooke Resolution #4119 as recommended carried: 7 Yeas; 0 Nays. Learning Center. RESOLUTION #4120 Neugebauer, to authorize by Staff. Motion BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement with Early Learning Centers of Lubbock, Inc. to provide funding from Community Development Block Grant funds for a 1700 square foot addition to the Erskine Learning Center. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney A copy of the Agreement between the City of Lubbock and Early Learning Centers of Lubbock, Inc., is filed with Resolution No. 4120. During the 1992-93 CDBG program, $75,000 was approved for the expansion of capacity for low-income day care. An additional $35,000 was approved in February, 1993 to increase the total budget to $110,000 from the CDBG program. The proposed Funding Agreement outlines the scope of work which includes the addition of 1,784 square feet to the Erskine Early Learning Center located at 2714 Erskine Avenue. The project also includes the associated architectural fees. The Early Learning Center Board has reviewed and approved this Agreement. The Funding Agreement is a requirement of HUD and staff recommended approval. Motion was made by Councilmember Patterson, seconded by Councilmember Cooke to authorize Resolution #4120 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 326 93-52A-326-253 (28.) Consider setting the date and time for the Emergency Shelter Grant Public Hearing. The City of Lubbock has submitted an application to the U.S. Department of Housing and Urban Development for the Emergency Shelter Grant Program. The purpose of this grant is to assist the providers of homeless assistance in Lubbock. A Request for Proposals was published in the Lubbock Avalanche Journal which invited non-profit agencies to submit applications for funding. In addition, a copy of the RFP was mailed directly to area organizations which assist and come into contact with Lubbock homeless. The proposals will be reviewed and recommendations for funding will be brought to the City Council for their consideration. As part of the application process the City Council conducts one public hearing in order to provide citizens an opportunity to comment on the proposed allocation of the Emergency Shelter Grant funds. The City of Lubbock's allocation for 1993-94 is $38,000. A review committee comprised of members from the Human Relations Commission, the Community Services Committee, the Homeless Consortium, and the Community Development Advisory Committee will present a funding recommendation at the public hearing. The recommended time and date for the public hearing was April 22, 1993 at 11:00 a.m. Motion was made by Councilmember Ince, seconded by Councilmember Aderton to set the date and time for the Emergency Shelter Grant Public Hearing for April 22, 1993 at 11:00 a.m. as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 327 93-52A-327-254 (29.) Consider Resolution #4121 authorizing the Mayor to sign an agreement with ENRECO, Inc., for environmental and remedial services to the Citibus fueling site. RESOLUTION #4121 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock, Texas, and Enreco, Inc. for environmental and remedial services for the Citibus Fueling Site, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney A copy of the Agreement between the City of Lubbock and Enreco, Inc. is filed with Resolution No. 4121. According to staff memo, last June, while Citibus was installing the fuel monitoring system, a diesel fuel leak was discovered. After initial investigation of the leak, the Texas Water Commission (TWC) instructed the City of Lubbock to perform environmental and remedial work on the site. After reviewing Requests for Proposals (RFP's) from 24 engineering firms, the City selected ENRECO, Inc. At the January 28, 1993, City Council work session, the City Council instructed staff to negotiate a mutually acceptable contract with ENRECO for environmental and remedial services to the Citibus fueling site. Negotiations required more time than staff had anticipated due to the complexity of environmental and remedial services. April 8, 1993 Page 328 The agreement between the City and ENRECO provides a scope of services outlined in Exhibit A which is a limited site assessment (LSA). The LSA includes a site survey, soil borings, and analysis, well installation monitoring, ground water analysis, waste management data analysis, and report preparation. The LSA will determine the extent of the contamination caused by the fuel leak. If the TWC requires remedial measures to correct any problems resulting from the fuel leak, either a supplemental agreement to ENRECO's contract or another contract will be required. The agreement contains all of the liabilities and indemnification clauses that are normally found in a contract. It also states what the City's responsibilities will be in the way of providing information. The maximum cost of the scope of services will be $36,202.38. The City will eventually be reimbursed by the State; however, the State account for such projects is currently out of funds so it may be several years before the City will actually receive the reimbursement. In the interim, funds have been set up in the Internal Services Capital Projects Budget under Professional Services Account #2213- 541101-9450. Insurance coverage provisions as well as provisions of disclosure of information concerning what is found were included. Due to the nature of the environmental and remedial work and the various governmental agencies that are involved, there are also provisions in the agreement for delays beyond that of most contracts. The City's representative while the work is being done will be the City's Director of Transportation. The agreement also has the appropriate termination clauses and dispute settlement clauses that would normally be found in a contract of this nature. In addition to the scope of services, there is a schedule of when the services will be performed (subject to getting approval from the TWC). After an LSA is requested by the TWC, the overall duration of the project is expected to be six weeks. In addition, there is a summary of compensation (Exhibit B) which is a breakdown of labor with overhead costs and other direct costs as well as a list of contractors. Staff recommended that the City Council approve the agreement between the City of Lubbock and ENRECO, Inc., for environmental and remedial services to the Citibus fueling site. Motion was made by Councilmember Aderton, seconded by Mayor Pro Tem Trejo to authorize Resolution #4121 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. April 8, 1993 Page 329 93-52A-329-255 (30.) Consider Resolution #4122 authorizing the Mayor to execute a lease agreement with John Farquhar for operation of Meadowbrook Driving Range. RESOLUTION #4122 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement with John Farquhar for the operation of the Meadowbrook Golf Course Driving Range, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK This Agreement is entered into this 8th day of April, 1993, by and between the City of Lubbock, Texas, hereinafter referred to as "Lessor," and John Farquhar, of Lubbock, Texas, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, Lessor operates Meadowbrook Golf Course in MacKenzie Park primarily for the use, benefit and enjoyment of the citizens of the City of Lubbock; and WHEREAS, the City desires to lease the driving range at Meadowbrook Golf Course to a tenant who is qualified to manage the facility and who will upgrade and make capital improvements to the facility; and WHEREAS, Lessee has represented to the City that he has the experience and expertise necessary and is otherwise qualified to manage the driving range at Meadowbrook and that he will enhance and improve the facility both cosmetically and functionally as Lessee; and April 8, 1993 Page 330 WHEREAS, the City Council of the Lessor deems it to be in the best interest of the citizens of the City to execute this Agreement with Lessee; ARTICLE I NOW THEREFORE, for and in consideration of the covenants and conditions herein contained and other valuable consideration, Lessor hereby authorizes Lessee to exercise the rights, powers and privileges hereinafter set forth and does hereby lease to the Lessee the Meadowbrook Golf Course Driving Range, hereinafter sometimes called "Leased Premises." ARTICLE II TERM The initial term of this Agreement shall be for a period of one (1) year beginning on the 15th day of April, 1993, and ending on the 14th day of April, 1994. Lessee may renew this Agreement for one (1) additional year by giving the Director of Parks for the City of Lubbock written notice of Lessee's desire to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement. However, Lessor may terminate this Agreement with or without cause at any time during the renewal period upon sixty (60) days written notice to Lessee. If Lessor elects to terminate this Agreement pursuant to this provision, Lessee shall pay to Lessor a pro-rata share of the annual rental due under Article III of this Agreement up to the date of termination. ARTICLE III RENTALS In consideration of the rights and privileges herein granted, Lessee agrees to pay to Lessor during the initial term of this Agreement an annual rental of NINE THOUSAND AND NO/100 DOLLARS ($9,000) payable in installments of SIX THOUSAND AND NO/100 DOLLARS ($6,000) not later than six (6) months after the beginning of the initial term and THREE THOUSAND AND NO/100 DOLLARS ($3,000) not later than eleven (11) months after the beginning of the initial term. If Lessee renews this Agreement for one additional year, Lessee shall pay to Lessor during such additional year an annual rental of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000) payable in two equal installments not later than six (6) months and eleven (11) months, respectively, after the beginning of the additional year. All rental payments due from Lessee shall be payable to the Lessor at the office of the Director of Parks for the City of Lubbock or as otherwise directed by the City Secretary of the City of Lubbock. If Lessee fails to pay any rentals when due, Lessor may, at its option, immediately or at any time thereafter, cancel this Agreement and enter into and upon the Leased Premises, or any part thereof in the name of the whole, and repossess the same without being deemed guilty of trespass. Such option, however, shall not relieve Lessee of his obligation to pay Lessor any unpaid rentals. ARTICLE IV DAILY OPERATIONS AND FEES Except during periods of inclement weather, Lessee agrees to adequately staff, operate and maintain the driving range facility for the benefit of its patrons seven days per week from 8 a.m. until 10 p.m. during winter months (December, January and February) and from 7 a.m. until 11 p.m. during all other months for each year this Agreement remains in effect. April 8, 1993 Page 331 Lessee also agrees to charge users of the facility reasonable fees which are competitive with similar facilities which exist in the Lubbock and West Texas areas. ARTICLE V CAPITAL IMPROVEMENTS AND REPAIRS In further consideration of the rights and privileges herein granted, Lessee agrees to systematically make the following improvements to the Leased Premises in order to upgrade and enhance the driving range with a minimum amount of disruption to the operations, to wit: (1) Repair/refurbish the existing office. (2) Refurbish driving pads and install new pads as required. (3) Expand the number of hitting areas to facilitate periodic relocation of tee markers and replant hitting areas with bermuda grass each spring as necessary. (4) Level landing areas and overseed with Park Mix each spring as necessary. (5) Install yardage markers and targets. (6) Establish an isolated instruction area. (7) Consider the installation of an irrigation system and the feasibility of a five -to -nine -hole par -three golf course adjacent to the driving range and cart barn. ARTICLE VI EQUIPMENT In addition to those improvements enumerated above, Lessee herein agrees to provide (unless already provided) and maintain the following equipment on the driving range, to wit: (1) one "E-2" brand ball picker (2) one ball washing machine (3) one gasoline -powered golf cart (4) one small tractor (5) one small mower for the teeing area (6) 500 dozen golf balls at the beginning of the initial term (7) 500 dozen additional golf balls by the middle of summer during the initial term (8) assorted "loaner" clubs at an unspecified date ARTICLE VII MARKETING Lessee further agrees to promote use of the driving range facility through advertising in radio, television and print media and through special events which may include, but need not be limited to, the following: (1) Driving and chipping contests for the public and for local golf teams. (2) Golfing clinics for men, ladies, juniors and seniors. April 8, 1993 Page 332 ARTICLE VIII INSURANCE Lessee shall maintain at all times this Agreement is in effect, at his sole expense, insurance with an insurance underwriter acceptable to Lessor and authorized to do business in the State of Texas, against claims of public liability and property damage resulting from activities on the Leased Premises. The amount of insurance coverage shall not be less than ONE HUNDRED THOUSAND DOLLARS ($100,000) for property damage as a result of any one event, or less than THREE HUNDRED THOUSAND DOLLARS ($300,00) for personal injury or death of any one person in any one event, or less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for personal injury or death of two or more persons in any one event. Certificates of insurance or other satisfactory evidence of insurance shall be filed with the City Secretary of the City of Lubbock prior to the commencement of the initial term of this Lease. Each policy shall name the City of Lubbock as an additional insured as its interest may appear, require the insurer to notify the Lessor of any alteration, nonrenewal or cancellation, and remain in full force and effect until at least ten (10) days after such notice of alteration, nonrenewal or cancellation is received by the Lessor. ARTICLE IX HOLD HARMLESS Lessee agrees to indemnify, defend and forever save Lessor, its authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances or losses resulting from claims or court actions of any nature arising directly or indirectly out of any acts or omissions of Lessee, its agents, servants, guests, employees or business visitors under this Agreement. ARTICLE X MAINTENANCE Lessee agrees that he will at all times this Agreement remains in effect maintain the Leased Premises and all facilities and equipment thereon in good condition, ordinary wear and tear excepted. Lessor assumes no responsibility for the condition of the Leased Premises and no responsibility for maintenance, upkeep or repairs to such Leased Premises. Lessee shall, at his own expense, provide for the adequate sanitary handling and disposal, away from the driving range, of all trash, garbage and other refuse that results from Lessee's operations on the Leased Premises. Lessor's Director of Parks, or his designated representative, shall have the right to inspect the Leased Premises at all reasonable times to ensure that the Leased Premises are being properly maintained. ARTICLE XI !110:14012:K While this Agreement is in effect, any property installed on the Leased Premises which becomes permanently attached to the premises shall become the property of the Lessor upon termination or cancellation of this Agreement. April 8, 1993 Page 333 ARTICLE XII LIENS Lessee shall not bind or attempt to bind Lessor for the payment of any money in connection with installations, alterations, additions or repairs on the Leased Premises or on any of the fixtures or equipment located on the Leased Premises and shall not permit any mechanic's, materialmen's or contractor's liens to arise against the driving range or any improvements, equipment, machinery or fixtures thereon. Lessee expressly agrees that he will keep and save the premises and Lessor harmless from all costs and damages resulting from any lien or liens of any character or that may be asserted through any act or thing done by the Lessee. ARTICLE XIII DESTRUCTION OF PREMISES If, through no fault of Lessee, the Leased Premises are damaged by fire or other accidental cause during the term of this Agreement so as to become totally or partially unusable, Lessor shall have the option to restore such Leased Premises. If Lessor exercises its option to restore the same, Lessor shall proceed with due diligence. If the damage is so extensive as to amount practically to the total destruction of the utility of the Leased Premises for the uses expressed in this Agreement, Lessee's obligation to pay rentals hereunder shall abate for the time and to the extent that the Leased Premises have been rendered unusable. Should Lessor not exercise its option to restore the Leased Premises, this Lease shall terminate, such termination to be effective on the date of damage by fire or other accidental cause, and all rentals due pursuant to this Agreement shall be apportioned to that date. ARTICLE XIV CONSTRUCTION Lessor's Director of Parks shall have the right to approve any construction or remodeling on the Leased Premises while this Agreement remains in effect. ARTICLE XV TAXES AND UTILITIES Lessee shall assume responsibility for the payment of any taxes and assessments levied on the business conducted on the Leased Premises or becoming due on the property of Lessee used in connection therewith from the date of execution of this Agreement. Lessee agrees to pay for all utility charges resulting from or connected with Lessee's use of the Leased Premises including, but not limited to water, gas, electricity, telephone and sewage disposal. ARTICLE XVI TERMINATION Upon written notice to Lessor, Lessee may terminate this Agreement for any material breach by Lessor of any of the terms, covenants or conditions of this Agreement to be kept, performed or observed by Lessor, and the failure of Lessor to remedy such breach within ten (10) days after written notice from Lessee of the existence of such breach. In addition to the right to immediately cancel this Agreement under Article III, Lessor may terminate this Agreement for any of the following reasons: April 8, 1993 Page 334 (1) If Lessee shall file a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against Lessee and Lessee is thereafter adjudicated as bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Lessee's assets is appointed under state or federal law, or if Lessee shall be divested of its rights, powers and privileges under this Agreement by other operation of law. (2) If Lessee shall abandon and discontinue operations under this Agreement. (3) If Lessee materially breaches any of the terms, covenants or conditions contained in this Agreement to be kept performed and observed by Lessee and Lessee fails to remedy such breach within ten (10) days after written notice from Lessor of the existence of such breach. (4) If Lessee shall fail to abide by all applicable laws, ordinances, rules and regulations of the United States, the State of Texas and the City of Lubbock. (5) If the governing body of Lessor elects to lease or privatize the operation of Meadowbrook Golf Course. ARTICLE XVII ASSIGNMENTS AND SUBLEASES Except with prior written consent of the Lessor, Lessee shall not sublet any part of the Leased Premises or assign any of its rights hereunder. No such assignment or subletting made with Lessor's consent shall affect Lessee's obligations to make all required rental payments hereunder upon default of any assignee or subtenant. ARTICLE XVIII MISCELLANEOUS PROVISIONS Notices to the Lessor required herein shall be sufficient if sent by certified mail, postage prepaid, and addressed to the Director of Parks for the City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, and notices to the Lessee shall be sufficient if sent by certified mail, postage prepaid, to the address for Lessee on file with the Director of Parks for the City of Lubbock, or to such other addresses as the parties may designate to each other in writing from time to time. In the event Lessee remains in possession of the Leased Premises after the expiration of this Agreement, without any written renewal or extension of this Agreement, such holding over shall not be deemed as a renewal or extension of this Lease, and may be terminated at any time by Lessor. April 8, 1993 Page 335 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Lee Osborn Lee Osborn, Director of Parks and Recreation APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney LESSOR: CITY OF LUBBOCK BY:/s/ David R. Langston DAVID R. LANGSTON, MAYOR LESSEE: JOHN FARQUHAR BY:/s/ John Farquhar Lee Osborn, Director of Parks and Recreation, recommended approval of a lease agreement with John Farquhar for operation of the Meadowbrook Driving Range, with the provision for termination of the lease after one (1) year with 60-days written notice in the event of privatization of the golf course. According to staff memo, in December, 1992, the Purchasing Department advertised for proposals from qualified individuals to lease the driving range at Meadowbrook Golf Course. On January 12, 1993, the proposals were closed and four bids were received out of seven bid packages that were mailed. The best bid package presented was from John Farquhar that provided a one-year payment to the City of Lubbock of $12,000. In addition, Mr. Farquhar had submitted a letter of credit for $25,000 from First National Bank in Amarillo. The Golf Development plan approved by the City Council on March 12, 1992, recommended as part of the golf course amenities improvement program, that the driving range be improved as part of the overall plan. The driving range plan was not scheduled for any improvements until fiscal year 1997-1998 because it was assumed that the range would be leased out to a private contractor. The Agreement -- The Agreement includes the following: length of the agreement; lease payment to the City; capital improvements to the driving range; equipment to be purchased; and marketing plans. April 8, 1993 Page 336 93-52A-336-256 (31.) Purpose -- The purpose of the lease agreement is to privatize the driving range to allow for the development, management, and marketing of this facility to enhance the total operation of Meadowbrook Golf Course and to increase play. Terms -- The length of the contract is for one year with the option to renew the lease agreement for an additional one year term. Lease Payment -- The first year lease payment is for $6,000 to be paid to the City after six months and additional $3,000 to be paid to the City at the end of December, 1993. Capital Improvements -- Proposed capital improvements include, but are not limited to the following: repair driving range building; install new hitting pads; install new yardage markers and targets; expand the hitting area and overseed this area; level and overseed the landing area for better turf quality. Equipment Purchases -- The following equipment will be purchased for the driving range: tractor; ball picker; ball washer; baskets; mower; and 1,000 dozen range balls. Marketing Plan -- The marketing plan will include radio, television, and the print media; contests; and golf clinics to the public. Insurance Coverage -- The lessee agrees to provide liability insurance of $500,000. Staff recommended approval of this lease agreement. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize Resolution #4122 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. RESOLUTION #4123 WHEREAS, Lubbock Power and Light has filed proposed Tariff No. 2.95, Church Service, with the City Secretary of the City of Lubbock March 24, 1993; and WHEREAS, such tariff is not a major change and good cause has been shown to allow such change to take effect in less than 35 days as provided by Section 43 of the Public Utility Regulatory Act; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT proposed Lubbock Power and Light Tariff No. 2.95, Church Service, is hereby approved for implementation effective May 1, 1993; and April 8, 1993 Page 337 THAT a copy of said Tariff, which is attached hereto and made a part hereof for all purposes, shall be placed on file in the office of the City Secretary. Passed by the City Council on this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Carroll McDonald Carroll McDonald, Assistant City Manager/Utilities APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney CHURCH SERVICE TARIFF 2.95 APPLICABLE: To all religious organizations for lighting and power service to be used exclusively for the structure used as the primary place of worship. Water heating and space heating will be furnished in conjunction with the Standard Heating Rider. Not applicable to temporary breakdown, standby, supplementary, resale or shared service, or to service for which a specific rate schedule is provided. TERRITORY: Lubbock, Texas RATE: Service Availability Charge $11.13 per month First 1,000 Kwh per month @ 4.48¢ per Kwh* Next 6,000 Kwh per month @ 2.15t per Kwh Next 6,000 Kwh per month @ 1.54t per Kwh All additional Kwh per month @ .85¢ per Kwh *Add to the 4.48¢ block 35 Kwh for every Kw of demand in excess of 10 Kw. TERMS OF PAYMENT: 5% added bill after 22 days. DEMAND: Lubbock Power and Light will furnish at its expense the necessary metering equipment to measure the customer's KW for demand for the 30-minute period of greatest use during the month. FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased by the applicable fuel cost recovery factor per kilowatt hour as provided in current Southwestern Public Service Tariff 7100. April 8, 1993 Page 338 TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal to the sum of the taxes payable under federal, state, and local sales tax acts, and of all additional taxes, fees, or charges, (exclusive of ad valorem, state, and federal income taxes) payable by the utility service rendered, or on the right or privilege of rendering the service, or on any object or event incidental to the rendition of the service, as the result of any new or amended laws after June 30, 1965. CHARACTER OF SERVICE: A-C, 60 hertz, single or three phase; at one standard voltage. MINIMUM CHARGE: $11.13 per month for demands of 10 KW or less, plus $3.40 per KW for next 15 KW above 10 KW, plus $2.30 per KW for all additional KW. No demand shall be taken as less than 50% of highest demand established in 12 months ending with current month. EFFECTIVE DATE: May 1, 1993 When Southwestern Public Service Company (SPS) Texas System rates were adopted for Lubbock Power and Light in December, 1981, cost of service rates were instituted for Commercial customers (which at that time included churches). According to staff memo, one inequity in using commercial rates for churches is that they use the bulk of their power on Wednesday evening and Sunday, which are not coincidental with Lubbock Power and Light's system peak. Therefore, churches do not contribute to the costs imposed on the electric system when an electric system is near its peak power production. In September 1984, Lubbock Power and Light instituted a rate specifically for churches. Shortly after this rate went into effect, SPS also created a special rate for churches, in order to remain competitive. A recent loss of one of Lubbock Power and Light's church customers has caused Lubbock Power and Light to reevaluate the church rate. To ensure that the City can match SPS on any church, staff recommended adding the SPS church service rate to Lubbock Power and Light's rates. In order to make Lubbock Power and Light competitive among all churches, staff recommended adopting the rate blocks used in the SPS church service rate to go into effect on May 1, 1993. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to authorize Resolution #4123 as recommended by Staff. Motion carried: 6 Yeas; 0 Nays--Councilmember Neugebauer absent from the Council Chambers. 93-52A-338-257 (32.) Consider authorizing write-off of uncollectible accounts for calendar year 1992. Each year, staff gathers all accounts receivable and returned checks believed to be uncollectible and write them off at one time. After these items are written off the City's books, they will be maintained on file and collection efforts will be continued, both in-house and in some cases, through collection agencies. April 8, 1993 Page 339 The amounts to be written off and comparisons to previous years were illustrated in the back-up material included in agenda packets. Since staff annually sets up reserves for these write-offs and the accounts relate to prior years' operations, there will be no effect on the current year's operating statement. According to Rick Smith, Utility Office Manager, LP&L's recovery rate is about 10 percent. These write-offs are a routine housekeeping measure, and staff believes them to be reasonable and therefore recommended approval. Staff will continue to try to improve the rate of collectibles. This item has been handled by minuted action in the past, and staff believe it would be appropriate to do so again this year. Motion was made by Councilmember Patterson, seconded by Mayor Pro Tem Trejo to authorize write-off of uncollectible accounts for calendar year 1992. Motion carried: 7 Yeas; 0 Nays. 93-52A-339-258 (33.) Consider Resolution #4124 authorizing the Mayor to execute an agreement with Texas Tech University Museum to provide funding towards the construction of a gallery to house a collection of works of art from the Diamond M Foundation. RESOLUTION #4124 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cooperative Agreement with the Texas Tech University for a $50,000.00 contribution by the City of Lubbock to the University toward the construction of a gallery at the Museum of Texas Tech University to house a collection of works of art from the Diamond M Foundation. Said, Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Robert Massengale Robert Massengale, Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Assistant City Attorney April 8, 1993 Page 340 THE STATE OF TEXAS § COOPERATIVE AGREEMENT COUNTY OF LUBBOCK § This Agreement is made and entered into by and between the LUBBOCK, hereinafter referred to as the "CITY," and TEXAS TECH UNIVERSITY, for the Museum of Texas Tech University, hereinafter referred to as the "UNIVERSITY," all acting herein by and through duly authorized officers and officials. CITY OF their WHEREAS, it is in the best interest of the citizens of the City of Lubbock to enhance visitor enjoyment and public awareness of the Museum of Texas Tech University; and WHEREAS, the Diamond M Foundation has proposed to give the Museum of Texas Tech University a collection of outstanding works of art provided a gallery is constructed to exhibit the objects; and WHEREAS, visitor enjoyment, public awareness and educational processes will be enhanced by the addition of this collection of art works; and WHEREAS, the CITY has heretofore agreed to participate in the funding required to construct the gallery and the UNIVERSITY has heretofore made a funding request, including acceptance of responsibility for the design, selection of architect or architects, and general overseeing of the project; and WHEREAS, funding of such projects is authorized by Sections 351.101 and 351.103 of the Tax Code; NOW THEREFORE: WITNESSETH The parties hereto mutually agree that such financial assistance shall be provided and accepted upon the following terms and conditions, to -wit: 1. CONTRIBUTION. The CITY shall contribute a total sum of not more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) to the UNIVERSITY to be used in connection with the project. This sum will be paid in increments to the UNIVERSITY upon receipt of invoices for expenditures necessary to complete the gallery at the Museum of Texas Tech University for which City funds are being expended. Such payments shall be made within ten (10) days of receipt of an invoice. Payment of such invoices shall be subject to the contingencies contained herein. 2. DUTIES OF UNIVERSITY. The University shall be responsible for the following matters: (A) Obtaining sufficient funding to complete that portion of the project for which CITY funds are being expended within three (3) years of the effective date of this Agreement. (B) Selection of the architect(s), including identification of candidate architect(s) with demonstrated skills in this type of work, acceptance of models meeting specifications, and contracting for the design work. (C) Overseeing construction of the gallery with coordination between the architect(s) and construction firm. (D) Development and printing of promotional brochures on the project. April 8, 1993 Page 341 3. INDEMNIFICATION. The parties hereto agree to be responsible for the actions of their own members, agents or employees and to hold the other party harmless from any claims, damages or liability of any nature whatsoever stemming from activities of its members, agents or employees undertaken pursuant to this Agreement, only insofar as the laws and Constitution of the State of Texas allows. 4. TERMINATION. This Agreement may be terminated by the CITY for violation of the terms of the Agreement. Written notice of each violation shall be mailed to the UNIVERSITY by certified mail. In the event UNIVERSITY fails to correct the listed violations within thirty (30) days, CITY may give written notice that the Agreement has been terminated. Following delivery of the Notice of Termination, CITY shall have no further liability for payments to the UNIVERSITY. 5. CONDITION PRECEDENT. No payments shall be made and this Agreement shall not be effective prior to April 1, 1993. 6. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no privity of endeavor whatsoever between the CITY and the UNIVERSITY and that the sole connection between them is the contribution of money and the provision of services under the restricted conditions stated herein set forth and that such contribution and services are for the sole purpose set forth herein, and it shall in no way be construed as a continuing basis for financial support. 7. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties hereto, and this instrument may only be altered, changed or amended by written agreement of the parties. EXECUTED in multiple counterparts, each of which is an original on this the 8th day of April, 1993. CITY OF LUBBOCK: /s/ David R. Lanaston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson City Secretary APPROVED AS TO CONTENT: /s/ J. Robert Massengale Robert Massengale Assistant City Manager APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales Assistant City Attorney TEXAS TECH UNIVERSITY: /s/ Don E. Cosby DON E. COSBY, VICE PRESIDENT FOR FISCAL AFFAIRS April 8, 1993 Page 343 rlMWIS--telW& (34.) Consider Resolution #4125 authorizing the Mayor to sign an agreement with Ralph Andersen and Associates -Texas, Inc. to provide City Manager search services. RESOLUTION #4125 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement by and between the City of Lubbock and Ralph Andersen & Associates --Texas, Inc., to provide City Manager search services, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Bell Mark Bell, Director of Personnel/ Civil Service APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney PROFESSIONAL SERVICES AGREEMENT This Agreement is made by and between the City of Lubbock ("the City"), and Ralph Anderson & Associates -Texas, Inc. ("the Consultant"). 1. Project Engagement. The City agrees to engage the Consultant to perform those services described below, for completion of the project described as follows: City Manager Search Services (the "Project"). 2. Services. The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: PHASE 1: a. Conduct position analysis and prepare a written position profile. April 8, 1993 Page 344 PHASE 2: a. Plan and execute advertising campaign. b. Undertake candidate sourcing and outreach. C. Acknowledge and screen all resumes received and respond to all requests for information. d. Perform preliminary reference checks on qualified applicants. e. Review progress with search committee. PHASE 3: a. Conduct screening interviews with potential finalists. b. Complete detailed professional background evaluations. C. Prepare and present a written recruitment report. PHASE 4: a. Coordinate and confirm final interview arrangements. b. Complete follow-up correspondence. 3. Fee Schedule. Professional Fee Expenses PHASE 1 1100 350 PHASE 2 7400 1750 PHASE 3 3700 4300 PHASE 4 300 475 12,500 6875 NTE TOTAL $19,375 A complete description of the services to be provided are contained in a proposal from the Consultant to the City, dated November 9, 1992, which is incorporated herein by reference. 4. RelationshiR. The Consultant is an independent contractor and is not an agent or employee of the City. 5. Compensation. As full compensation for the Consultant's professional services performed hereunder, the City shall pay the Consultant the fixed amount of $12,500 (Twelve Thousand Five Hundred Dollars) ("professional services fee") for conducting the entire search as described in Paragraph 2 or the amount indicated in the fee schedule in Paragraph 3, should the City elect to do SO. 6. Expense Reimbursement. The Consultant shall be entitled for the reimbursement of reasonable and customary expenses from the City for 'such items as travel, printing and binding, postage and delivery, and clerical and long-distance telephone charges. The Consultant shall provide the City with a listing of expenses by category of expense as a part of monthly billings. 7. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 2, the Consultant shall be compensated at the Consultant's standard hourly rates for professional services, plus reimbursement of expenses. April 8, 1993 Page 345 8. Method of Payment. Progress payment of the Consultant's professional services fee shall be made on a monthly basis by the City upon receipt of billings from the Consultant. 9. Term. The term of this agreement shall commence on April 8, 1993, at which time the Consultant shall begin work on the Project and shall continue, subject to the termination provisions of Paragraph 10, until the date that the Consultant completes the Project. The time of completion of the Project is estimated to be 12 (twelve) weeks. 10. Termination. This agreement may be terminated: (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional service fees and for expense reimbursement to the date of termination. 11. Insurance. The Consultant shall maintain in force during the term of the agreement, Comprehensive General Liability Insurance with the Extended Liability Endorsement, including Personal Injury; Commercial Umbrella Liability; Automobile Liability Insurance, including Non -Owned and Hired Liability; and Workers' Compensation and Employers' Liability Insurance. Such insurance shall be in reasonable amounts satisfactory to the City. 12. Hold Harmless. The Consultant shall be responsible for its own acts of negligence, and the City shall be responsible for its own acts of negligence. The Consultant agrees to indemnify and hold the City harmless from any and all claims, demands, actions and causes of action to the extent caused by the negligent act of the Consultant, its officers, agents and employees, by reason of the performance of this agreement. This indemnity shall not be construed to require indemnification of others. 13. Miscellaneous. a. The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. b. Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. C. This agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. April 8, 1993 Page 346 f. All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. �_":lThTi� Dated: Dated: April 8, 1993 1993 RALPH ANDERSEN & ASSOCIATES -TEXAS, INC. By Title 3860 W. Northwest Highway, Suite 230 Dallas, Texas 75220 CITY OF LUBBOCK /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Mark Bell Mark Bell, Director of Personnel APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney At the March 25, 1993 City Council meeting, the Mayor and Council authorized staff to negotiate a mutually acceptable contract with Ralph Andersen and Associates to provide city manager search services for the City of Lubbock. The two areas for which the Council had requested additional negotiations included (1) staging of the various services in order to allow the Council the option of either stopping at various stages in the process or following the entire process through to completion; and (2) that the professional services fee and compensation portion of the proposal be further negotiated with Ralph Andersen and Associates. Mark Bell, Director of Personnel, discussed the phases of services stipulated in the proposed contract and indicated that the Council could cease services of the firm upon completion of any of the phases without penalty. The other terms of the agreement are fairly standard. Councilman Neugebauer participated in the negotiation and review of the professional services agreement. April 8, 1993 Page 347 Councilmember Aderton voiced his opposition to the hiring of a search firm and cited the competence of the Personnel Department to conduct the search as his reason for opposition. Motion was made by Mayor Pro Tem Trejo, seconded by Councilmember Patterson to authorize Resolution #4125 as recommended by Staff. Motion carried: 6 Yeas; 1 Nay--Councilmember Aderton. It was the consensus of Council to delay the executive session on land acquisition until after the CDBG tour and to postpone discussion on board appointments until the next Council meeting. 93-52A-347-260 (36.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(g), VATS, to discuss personnel matters regarding duties, responsibilities, and/or appointments to: 93-52A-347-261 (37.) Neighborhood Redevelopment -Urban Renewal - Southeast Lubbock Development Corporation Board Zoning Board of Adjustment Boards and Commissions Advisory Committee Keep Lubbock Beautiful Permit and License Appeal Board Human Relations Commission Planning and Zoning Commission McWhorter and Elaine McNair have expired. It was consensus of Council to hold appointments to the Neighborhood Redevelopment -Urban Renewal Southeast Lubbock Development Corporation Board. 93-52A-347-262 (38.) Consider one appointment to the Zoning Board of Adjustment. The term of Jerry Schaffner has expired. It was consensus of Council to hold appointment to the Zoning Board of Adjustment. 93-52A-347-263 (39.) Consider one appointment to the Boards and Commissions Advisory Committee to replace Damon Hill. It was consensus of Council to hold appointment to the Boards and Commissions Advisory Committee. April 8, 1993 Page 348 93-52A-348-264 (40.) 93-52A-348-265 (41.) 93-52A-348-266 (42.) 93-52A-348-267 (43.) Downum, Sara Williamson, Mark Ivey, Cynthia McKinney, Gordon Wilkerson, Harry Hays, John Alamanza and Clyde Blakely will expire April 12, 1993. It was consensus of Council to hold appointments to Keep Lubbock Beautiful. Consider three appointments to the Permit and License Appeal Board. The terms of John L. Wilson, Rick Harris, and Brad Baccus will expire April 27, 1993. It was consensus of Council to hold appointments to the Permit and License Appeal Board. Consider six appointments to the Human Relations May 25, 1993. It was consensus of Council to hold appointments to the Human Relations Commission. Consider one appointment to the Planning and Zoning Commission to replace Alfred Velasguez, who resigned. It was consensus of Council to hold appointments to the Planning and Zoning Commission. The Council recessed at 11:39 a.m. for the CDBG tour. 93-52A-348-268 (35.) Hold an executive session, in accordance with Article 6252-17, Sec. 2(f), VATS, to discuss land acquisition (Right -Of -Way). At 2:01 p.m. the Council reconvened their regular meeting following the executive session. April 8, 1993 Page 349 There being no further business to come before Council, motion was made by Councilmember Patterson, seconded cilmember Aderton to adjourn the meeting at 2:02 p.m. Motion c ried: Yeas; 0 Nays-- Councilmembers Cooke and Neugebaue absent f m th n ATTEST: &t--- a ��'I J Betty John n, City Secretary Read and approved this the 22nd day ATTEST: etty M. Johnso , City Secretary E